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Employment Tribunal claim deadline doubles as backlog hits 70,000

The time limit for bringing most Employment Tribunal claims has doubled from three to six months from today, 1st October.

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The time limit for bringing most Employment Tribunal claims has doubled from three to six months from today, 1st October, as the number of open single claims reached a record 70,000.

The change is intended to give employees and employers more time to resolve disputes before proceedings are issued and improve access to justice.

However, the latest Ministry of Justice figures showed the Tribunal received 14,000 single claims between April and June, compared with 6,100 disposals.

The number of open single claims increased by 51% over the year to reach 70,000.

Roy Magara, solicitor advocate and founder of Magara Law, said: “Three months is a very short period of time when somebody has just lost or left their job.

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“They might be looking for another job, dealing with the shock of what has happened or simply trying to get themselves into a position where they can properly think about whether they want to bring a claim.

“Giving people six months is a good thing. My concern is what happens once they get into the Tribunal system.”

Magara added: “We used to do witness statements much closer to a Tribunal hearing, but now we do them right at the start.

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“It makes credibility in cross-examination a little bit tricky. If something happened six months ago, you can question why somebody said one thing then and something different now.

“It’s much harder to do that when it happened three or four years ago. People are naturally going to forget exactly what was said, what happened, where they were or how they felt.”

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Magara also said the growing use of artificial intelligence (AI) by people representing themselves was increasing the volume of material that tribunals and lawyers had to process.

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He said: “AI has done wonders for access to justice because people can put information together in a way they couldn’t necessarily do before.

“But we’re getting a lot more material that still has to be dealt with. You can’t just ignore an application because it doesn’t have a proper legal basis. You have to respond and explain why.

“It can also make cases harder to resolve when somebody has been told by an AI tool that their claim is worth significantly more than it realistically is.”

The additional three months could provide more time for disputes to be resolved internally or through Acas before a claim is issued.

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Magara concluded: “There isn’t a quick fix. The Tribunal is trying to secure the resources and recruit judges, but we’re already getting cases listed years into the future.

“Giving people six months to bring a claim is a good thing. But they also need to be able to get that claim heard within a reasonable time.”